Oregon Homeschooling Laws??? Please help.

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  • Tanya
    Participant

    I know someone who lives in Oregon and has needed to start homeschooling this school year.  She was/is quite reluctant about it and has had a hard time getting into things (she couldn’t bring herself to open curriculum boxes for a few weeks because she was so sad).  She does not have internet and she does not know how to comply with the laws because she isn’t sure what they are.  I tried to help her by going online and I had a hard time finding a summary.  Any of you Oregonians willing to help?  I know she is late in getting in her paperwork (I did see that it said it needed to be done within 10 days and here we are in November), but hoping that if she can get the rest of her ducks in a row she’ll be okay.  I also saw that it said to contact the EDS – is that the local public school? or is that the state department of education?  I would like to help her if I can, but I don’t want to lead her astray.  She doesn’t know any other homeschoolers at this point.  Her son is in 9th grade.

    Thanks!!

     

    Tanya
    Participant

    oh, I should add that she is definitely NOT CM.  She is using a dvd curriculum from abeka.  Don’t know if that matters law-wise or not.

    Maybe later I can entice her into some CM ways…Wink

    pangit
    Participant

    Here is what the HSLDA says (http://www.hslda.org/laws/analysis/Oregon.pdf):

    OREGON
    Compulsory Attendance Ages: “between the ages of 7 and 18 years who have not completed the
    twelfth grade.” Or. Rev. Stat. § 339.010.
    Required Days of Instruction: None.
    Required Subjects: None.
    Home School Statute: ORS §§ 339.030(1)(d) and 339.035; Or. Admin. Rules 581-021-0026 and 581-
    021-0029.
    Children are exempt from public school if they are “being educated in the children’s home by a parent or
    legal guardian.” ORS § 339.030 (1)(e). A parent may home school under this law provided the
    requirements below are followed:
    1. The parent or guardian must notify the education service district (ESD) in writing within 10 days
    when a child is taught at home or is withdrawn from a public school to be taught at home. When a
    child moves to a new ESD, the parent or guardian must notify the new ESD in writing within 10 days
    of such occurrence. Annual notification is not required. ORS § 339.035 (2). OAR 581-021-0026 (4).
    The notice must include the child’s and parent’s names and addresses, the child’s birth date, and the
    name of the school the child is presently attending or last attended or, if the child has not attended
    school, the name of the public school district where the child resides. OAR 581-021-0026 (1)(f).
    2. The ESD is required to acknowledge receipt of the notice of intent in writing within 90 days of
    receipt of the notification. ORS § 339.035 (2) and OAR 581-021-0026 (4)(a).
    3. The parent of a child who turns seven (7) after September 1 shall not be required to provide notice of
    intent to home school until the beginning of the next school year. OAR 581-021-0026 (11).
    4. A home school cannot be a private school. ORS § 345.505(2).
    5. In Pierce v. Society of Sisters, 268 U.S. 1076 (1925) the U.S. Supreme Court struck down an Oregon
    law which required all children to attend public school. The Court declared: “The fundamental theory
    of liberty upon which all governments in this Union repose excludes any general power of the state to
    standardize its children by forcing them to accept instruction from public teachers only. The child is
    not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled
    with the high duty, to recognize and prepare him for additional obligations.” The Court emphasized
    that “the liberty of parents and guardians to direct the upbringing and education of children under
    their control” is guaranteed by the 14th Amendment. Pierce at 1078.
    Teacher Qualifications: None.
    Standardized Tests: ORS § 339.035(3)-(5).
    Oregon OR-2
    Copyright 2011-2012, HSLDA, all rights reserved. May be reproduced only by permission.
    THIS ANALYSIS DOES NOT CONSTITUTE THE GIVING OF LEGAL ADVICE.
    Call or write to receive a free copy of HSLDA’s newsletter and membership application.
    P.O. Box 3000 · Purcellville, VA 20134 · Phone: (540) 338-5600 · Fax: (540) 338-2733 · Website: http://www.hslda.org
    1. Parents must choose one of the comprehensive examinations approved by the State Board of
    Education which must be administered in grades 3, 5, 8, and 10 by “a qualified neutral person,” as
    defined by the State Board of Education. ORS § 339.035(3). Testing shall occur no later than August
    15. OAR 581-021-0026 (5).
    2. If the child was withdrawn from public school, the first examination must be administered at least
    18 months after the date the child was withdrawn from public school. If the child never attended
    public or private school, the first examination must be administered to the child prior to the end of
    grade 3. ORS § 339.035(3); OAR 581-021-0026 (5).
    3. The person administering the examination shall score it and report the results to the parent or legal
    guardian. Test results are reported to the ESD only if the superintendent of the ESD requests them.
    ORS § 339.035(3)(c) and (d); OAR 581-021-0026 (5)(b) and (c).
    4. If the composite score on the examination is below the 15th percentile, the child must be given an
    additional examination within one year. If the score on the second examination is a lower percentile
    than the previous examination, the child must be given an additional examination within one year of
    when the second examination was given, and the superintendent of the ESD may place the education
    of the child under a certified teacher selected by and at the expense of the parent or guardian. ORS
    § 339.035(4); OAR 581-021-0026 (7)(a) and (b).
    5. If the composite score on the third examination continues to decline, the superintendent of the ESD
    may: (1) allow the home schooling to continue under the supervision of a certified teacher selected by
    the parent or guardian and require an additional examination within one year; (2) allow the child to be
    taught by the parent, guardian, or private teacher and require an additional examination within one
    year; or (3) order the parent or guardian to send the child to school for a period not to exceed
    12 consecutive months. ORS § 339.035 (4); OAR 581-021-0026 (7)(c).
    6. If the composite score on an examination is equal to or greater than the percentile score on the prior
    test, the child may be taught by a parent, guardian, or private teacher without any previous restrictions
    imposed because of a declining score. ORS § 339.035 (4)(d); OAR 581-021-0026 (7)(e).
    A child with disabilities is to be evaluated for satisfactory educational progress according to the method
    recommended in the individualized education plan (IEP) or privately developed plan. No testing of these
    students is required unless recommended in their respective plans. ORS § 339.035 (5); OAR 581-021-0029

    pangit
    Participant

    I sent my letter of intent late last year and there weren’t any issues.  The local ESD even sent me the info on area testing sites.  Where is your friend located?  I could help you get the local ESD info and maybe some info on homeschool groups in her area.  We moved this year and so I had to send one to the new ESD and it was a little late too.  Because my oldest DD had done charter school at home her K year, the school system already had that info, so they had her a grade ahead of where I wanted them to have her.  She has reading struggles and I didn’t want her to have to take the testing this year.  I called the local ESD and because her age allows her to be a year behind where she really is, they were willing to change their records withoug any problem and now we have another year before we have to do the testing.  And, if your friend doesn’t want the testing done at any of the sites, she could work on getting someone and a place approved on her own.  My sister in law got a person in their church approved and had the testing done in her home so the kids were in a comfortable environment.

    Tanya
    Participant

    Thanks so much!!  I really appreciate it.  So the ESD is the local school district office?

    pangit
    Participant

    The local school district would fall under the ESD.  The ESD covers the whole county or more than one county.  Here is a link I found to the different Oregon ESD’s   http://www.osba.org/Links/LeftNav/Education%20Institutions/Education%20service%20districts.aspx

    You might find an ESD for your friends county or one that seems to be in the area and then look it up and see if it covers her county/town.  You might be able to just google “ESD for _____________, Oregon” and maybe it will pop it up and tell you.

    If those don’t work, the local school district would be able to tell her which ESD to contact and their address.

    Tanya
    Participant

    wow – you’re amazing.  Thank you again so much.  I will pass this along to her and hopefully calm her nerves a little in the process.

    HiddenJewel
    Participant

    Unless things have changed in the last 4 years…

    File with your local ESD (different than the local schoold district) once – you only have to notify if you leave that ESD

    Have national testing results available for 3rd, 5th, 8th, and 10th. (I sure hope I am remembering those grades correctly.)

    What grade ESD places a child is different than usual which is actually a good thing especially if your child was younger in maturity. I believe it was a 7yo was listed a first grader when we lived there.

    Tanya
    Participant

    Thanks!

    Rebekahy
    Participant

    She should join HSLDA – they can walk her through the process step by step to make sure she is in compliance without OVER providing to the state.  Also, since she’s already violated the law by not notifying within 10 days, she REALLY should join HSLDA.  Just because someone else hasn’t had problems, doesn’t mean she won’t in her district and if she’s already skittish about homeschooling, she really should have the support and confidence of the best legal team in the country behind her (said the wife of a lawyer, who insists that his family belong to HSLDA despite the fact that he could represent us for free).  I’m overly cautious, but when it comes to the state and my kids, I’d rather over do it, than the other way.

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